THERESA CABALLERO
Attorney at Law
300 E. MAIN ST., Suite 1136
El Paso, TX 79901
915.565.3550
915.562.5250 fax
February 29, 2008
Mr. Jaime Esparza
500 E. San Antonio St.
El Paso, TX, 79901
Re: Esparza campaign literature not in compliance with state law
Dear Mr. Esparza:
Elderly voters are being bussed to the polls and emerging from rented vans (your campaign finance report indicates that you paid over $900 to “get out the Vote” which includes this “service.”) with a professionally printed card, very official looking telling the card holder which candidates to vote for. The card looks like official democratic party literature which it is NOT. However, an elderly person could easily be duped into thinking that it was. Your name appears on the card as a person to vote for.
Last week attorney Marlene Gonzalez asked you about the card and you told her that you had approved of your name being on it and that there was nothing wrong with it. Two days ago you also discussed the card with attorney Lyda Ness Garcia. State law dictates that when you become aware, as the candidate, that campaign literature is being distributed on your behalf, you must immediately make sure that it carries the political advertising disclosure that it is paid for by your campaign. You have known about this card for at least a week and that it carries no such disclosure.
This card which you approved does not carry the required disclosure and you are therefore not in compliance with the law. According to state law once you become aware of the violation you must remedy the matter by either ceasing to distribute the illegal literature or by adding the required disclosure.
As the District Attorney and 16 year incumbent why would you approve and allow literature to be passed out without being in compliance with the law? The law exists to prevent just this kind of chicanery.
Please remedy this matter immediately.
Sincerely,
Theresa Caballero
Letter to Esparza re: His campaign literature not being in compliance
February 29, 2008, 10:44 amTheresa Caballero's Campaign Platform: Prosecuting Health Insurance Fraud
February 24, 2008, 1:31 pm
Prosecuting insurance companies who commit fraud has long been a cornerstone of Theresa Caballero's Campaign for District Attorney. This is a huge problem in El Paso County and Nationwide with insurance companies selling policies and then cutting people off when they get sick.
People are being struck down and left to die in the middle of their illnesses and the insurance companies are giving bonuses to their employees for disqualifying the sick people. This is called stealing and fraud and the consequences are the ultimate: death!
The current District Attorney has done absolutely nothing about this for 16 years. It is time for a positive change. When there was hue and cry against Young Insurance Company and Access Health Care, he did nothing.
Theresa Caballero, on the other hand, will form a Financial Crimes Unit (she has been talking about this for a year) and will investigate and prosecute this high level and most vicious form of theft.
It was reported yesterday, February 23, 2008, on page C-2 of the San Francisco Chronicle, under the headline: "Insurer must pay $9 million for canceling policy; Health Net dropped coverage for woman undergoing cancer treatment", that: (selected exerpts from Chronicle Staff and News Services follow)
"A Southern California woman who had her medical coverage canceled as she was undergoing treatment for breast cancer was awarded more than $9 million Friday in a case against one of California's largest health insurers."
...
"...arbitration judge Sam Cianchetti ordered Health Net to pay her medical bills, plus $8.4 million in punitive damages and $750,000.00 for emotional distress."
...
"Health insurers have come under fire from state regulators, attorneys and advocates for using mistakes or omissions in a member's application to justify canceling coverage after a policy holder becomes ill."
...
"Friday's award marked the first punitive damages ordered by a judge in a case against an insurer for rescinding policies."
But here is the truly remarkable thing about this case and how it ties in to Theresa Caballero's Campaign Platform on this issue:
"Friday's award capped a difficult week for the insurer, which included being sued by the Los Angeles city attorney on claims of unlawful and deceptive practices in connection with its rescission policies. City Attorney Rocky Delgadillo also said the company illegally ran an incentive program in which it paid bonuses to an administrator for meeting policy-cancellation targets."
This is good, innovative prosecution that the L.A. City Attorney is doing out in California. It is also exactly what Theresa Caballero has been talking about as one of her campaign platforms: To form a new Financial Crimes Prosecution Unit with real teeth to it. She will use her resources wisely and hire and assign forensic accountants to it as well as attorneys who are experienced and dedicated to the area of prosecuting this kind of high level theft. She has said they will have the expertise to "follow the money" trails! This is exactly the kind of crime Theresa Caballero will go after. You know she will. You know she is not scared of anybody. You know she owes no one anything. You know she knows who the real thieves are.
When is the last time you read or heard about the current DA going after these big insurance carriers or any other big crooks in his 16 years? We know he prosecutes the welfare mothers for stealing diapers at Wal-mart and that is as it shold be. But the prosecutions of the big crooks must also take place and that has not been happening.
So how can we expect him to address these issues of insurance companies committing fraud and public corruption? His record shows us that he won't.
El Pasoans need to protect themselves and their families by electing a new District Attorney who will go after the real crooks: politicians who sell their votes which results in higher taxes for all of us and health insurance companies who leave us to die in the gutter.
People are being struck down and left to die in the middle of their illnesses and the insurance companies are giving bonuses to their employees for disqualifying the sick people. This is called stealing and fraud and the consequences are the ultimate: death!
The current District Attorney has done absolutely nothing about this for 16 years. It is time for a positive change. When there was hue and cry against Young Insurance Company and Access Health Care, he did nothing.
Theresa Caballero, on the other hand, will form a Financial Crimes Unit (she has been talking about this for a year) and will investigate and prosecute this high level and most vicious form of theft.
It was reported yesterday, February 23, 2008, on page C-2 of the San Francisco Chronicle, under the headline: "Insurer must pay $9 million for canceling policy; Health Net dropped coverage for woman undergoing cancer treatment", that: (selected exerpts from Chronicle Staff and News Services follow)
"A Southern California woman who had her medical coverage canceled as she was undergoing treatment for breast cancer was awarded more than $9 million Friday in a case against one of California's largest health insurers."
...
"...arbitration judge Sam Cianchetti ordered Health Net to pay her medical bills, plus $8.4 million in punitive damages and $750,000.00 for emotional distress."
...
"Health insurers have come under fire from state regulators, attorneys and advocates for using mistakes or omissions in a member's application to justify canceling coverage after a policy holder becomes ill."
...
"Friday's award marked the first punitive damages ordered by a judge in a case against an insurer for rescinding policies."
But here is the truly remarkable thing about this case and how it ties in to Theresa Caballero's Campaign Platform on this issue:
"Friday's award capped a difficult week for the insurer, which included being sued by the Los Angeles city attorney on claims of unlawful and deceptive practices in connection with its rescission policies. City Attorney Rocky Delgadillo also said the company illegally ran an incentive program in which it paid bonuses to an administrator for meeting policy-cancellation targets."
This is good, innovative prosecution that the L.A. City Attorney is doing out in California. It is also exactly what Theresa Caballero has been talking about as one of her campaign platforms: To form a new Financial Crimes Prosecution Unit with real teeth to it. She will use her resources wisely and hire and assign forensic accountants to it as well as attorneys who are experienced and dedicated to the area of prosecuting this kind of high level theft. She has said they will have the expertise to "follow the money" trails! This is exactly the kind of crime Theresa Caballero will go after. You know she will. You know she is not scared of anybody. You know she owes no one anything. You know she knows who the real thieves are.
When is the last time you read or heard about the current DA going after these big insurance carriers or any other big crooks in his 16 years? We know he prosecutes the welfare mothers for stealing diapers at Wal-mart and that is as it shold be. But the prosecutions of the big crooks must also take place and that has not been happening.
So how can we expect him to address these issues of insurance companies committing fraud and public corruption? His record shows us that he won't.
El Pasoans need to protect themselves and their families by electing a new District Attorney who will go after the real crooks: politicians who sell their votes which results in higher taxes for all of us and health insurance companies who leave us to die in the gutter.
El Paso Times Poll, The Reuel Group, and Feed Back from the Voters
February 18, 2008, 9:41 pm
I have been out campaiging all day and just got back from a forum in Fabens where the AUDIENCE wiped up the floor with Esparza. He got to confront a whole room of people, mostly the poor and middle class farmers whom he had wrongfully prosecuted and who were eventually found not guilty. They spent fortunes proving their innocence. It was an ugly sight for Esparza coming face to face with his handiwork. THEY LET ESPARZA HAVE IT.
On the Times' poll. Here is what one person just e-mailed me regarding the veracity of the polls generated by the Reuel Polling Group and published by the paper. It is obvious the paper does not want change in this community. They endorsed almost every incumbent. Do not let them fool you.
Here is what one person who e-mailed wrote:
"Dear Theresa,
"I just read the trash article/poll in the slimes. Don't be discouraged, this was posted on a blog about the Margo-Haggerty race:
'Campaign Polling Numbers
Show Pat Haggerty in Lead to Win Reelection
Tom Craddick Has 4:1 Negative Name ID
El PASO – Internal campaign polling numbers from the State Representative Pat Haggerty campaign paint a very different picture than those released by the autodial survey conducted by the El Paso Times/News Channel 9 and reported on Sunday. Haggerty campaign surveys have used “live interviews” instead of the machine-automated surveying done by the El Paso Times/News Channel 9, which may account for the newspaper poll’s unusually high percentage of undecided voters.
Haggerty’s numbers showed him ahead 46% - 37% among Republican Primary voters with only 17% undecided on a poll conducted in December. And on a February tracking poll Haggerty continued to lead 48% to 42% even after his opponent, Dee Margo, had spent over $200,000 on a massive TV, radio and mail campaign.'
The slimes has and agenda and they tell the Reuel Group what answer they want. I've had the conversation with a partner in the Reuel group and he has told me, 'I can get any answer I want.'
Sincerely,
A voter
Westside"
Here is what another e-mailer wrote. This is an e-mail she set to Esparza and copied to me.
"Dear Mr. Esparza
Unfortunetly, I am disappointed with the facts that Ms. Caballero have present facts against you, in which you havent been able to do. As a voter and a tax payer it makes me wonder what you have been doing for the city of El Paso for the past 16years because at this point all you have been doing is taking care of you and the people that contribute to your campain. I am against the DIMS program since it started, I voted for you to be in a District Attorney not a Judge. For the next few month that you will be attending your current position, start working like a District Attorney and learn to be fair to all people regardless of the level of living in El Paso. At the end of the day we El Pasoans pay taxes and shouldn't be treated any different then the people that contribute your campain, because they too pay taxes.
Voter and Tax Payer
El Paso Lower Valley Area"
WOW! She gets it.
Don't be fooled Voters. The fight is on. The Times polls are often very, very wrong. They had Wardy up by 2-1 against Cook. Who is mayor now? These polls only poll those with land lines and who are traditional voters. These polls are NOT scientific and are outdated. The Reuel Group is on the payroll of the Times as well as Jaime Esparza. The Reuel Group, 760-5566, is conducting Esparza's phone banks asking people to vote for him. Real neutral poll. Can we say conflict of interest? The Times itself said they polled only "possible voters." Who are they? Next year's 18 year olds or next year's citizens? Or is it David Crowder calling himself 300 times? Many voters only have cell phones. Plus many new non-traditional voters are going to come out because of the presidential races and the backlash against the incumbents.
Get the VOTE out for me starting tomorrow. Vote for Reform and Justice. Vote for Theresa Caballero for District Attorney!
On the Times' poll. Here is what one person just e-mailed me regarding the veracity of the polls generated by the Reuel Polling Group and published by the paper. It is obvious the paper does not want change in this community. They endorsed almost every incumbent. Do not let them fool you.
Here is what one person who e-mailed wrote:
"Dear Theresa,
"I just read the trash article/poll in the slimes. Don't be discouraged, this was posted on a blog about the Margo-Haggerty race:
'Campaign Polling Numbers
Show Pat Haggerty in Lead to Win Reelection
Tom Craddick Has 4:1 Negative Name ID
El PASO – Internal campaign polling numbers from the State Representative Pat Haggerty campaign paint a very different picture than those released by the autodial survey conducted by the El Paso Times/News Channel 9 and reported on Sunday. Haggerty campaign surveys have used “live interviews” instead of the machine-automated surveying done by the El Paso Times/News Channel 9, which may account for the newspaper poll’s unusually high percentage of undecided voters.
Haggerty’s numbers showed him ahead 46% - 37% among Republican Primary voters with only 17% undecided on a poll conducted in December. And on a February tracking poll Haggerty continued to lead 48% to 42% even after his opponent, Dee Margo, had spent over $200,000 on a massive TV, radio and mail campaign.'
The slimes has and agenda and they tell the Reuel Group what answer they want. I've had the conversation with a partner in the Reuel group and he has told me, 'I can get any answer I want.'
Sincerely,
A voter
Westside"
Here is what another e-mailer wrote. This is an e-mail she set to Esparza and copied to me.
"Dear Mr. Esparza
Unfortunetly, I am disappointed with the facts that Ms. Caballero have present facts against you, in which you havent been able to do. As a voter and a tax payer it makes me wonder what you have been doing for the city of El Paso for the past 16years because at this point all you have been doing is taking care of you and the people that contribute to your campain. I am against the DIMS program since it started, I voted for you to be in a District Attorney not a Judge. For the next few month that you will be attending your current position, start working like a District Attorney and learn to be fair to all people regardless of the level of living in El Paso. At the end of the day we El Pasoans pay taxes and shouldn't be treated any different then the people that contribute your campain, because they too pay taxes.
Voter and Tax Payer
El Paso Lower Valley Area"
WOW! She gets it.
Don't be fooled Voters. The fight is on. The Times polls are often very, very wrong. They had Wardy up by 2-1 against Cook. Who is mayor now? These polls only poll those with land lines and who are traditional voters. These polls are NOT scientific and are outdated. The Reuel Group is on the payroll of the Times as well as Jaime Esparza. The Reuel Group, 760-5566, is conducting Esparza's phone banks asking people to vote for him. Real neutral poll. Can we say conflict of interest? The Times itself said they polled only "possible voters." Who are they? Next year's 18 year olds or next year's citizens? Or is it David Crowder calling himself 300 times? Many voters only have cell phones. Plus many new non-traditional voters are going to come out because of the presidential races and the backlash against the incumbents.
Get the VOTE out for me starting tomorrow. Vote for Reform and Justice. Vote for Theresa Caballero for District Attorney!
Campaign Updates
February 17, 2008, 6:19 pm
I have been out in the community campaigning hard.
Here is a report:
I was at the Senior community center, Hilos de Plata, this week speaking and passing out Alberto Ocgueda's arrest warrant as an example of Esparza's two El Pasos. Esparza, according to reports, went to that same location on another day to say that it was not true. What is not true I am not sure. He is spending his time now refuting that his overpaid secretary's brother was never prosecuted on child molestation of a six-year old girl charges.
I was at the Transmountain Apartments northeast El Paso group on Thursday night , Valentine's day. I spoke there and passed out more of the official records regarding Ocegueda's case. Esparza lost his temper in front of the whole room and actually stood up and called the arrest warrant on Ocegueda "trash." FYI: Esparza prosecutes people every day life on just such documents. They are El Paso County Sheriff's Department and El Paso Police Department official documents that a judge reviewed and approved. When it concerns his overpaid (with taxpayer money) secretary, Amy Ocegueda Lujan's brother, Alberto Ocegueda these same documents are now "trash." A member of the audience called my campaign and said that "if Esparza thinks anyone in the room that night believed him, he is crazy. He's a liar."
My phone rings off the hook every time Esparza runs one of his very strange TV ads, (he features people who appear to be on the verge of tears saying to vote for him because it is "the right thing to do"). The callers want signs for their front yards after seeing his commercials. It appears that the more ads he runs the more calls of support I get.
I was on the Barbara Perez show on Monday and then on the Bishop Washington show on Thursday. During the Bishop show Esparza had some of his people call in and try and attack me on non DA race issues. I handled all calls. He has nothing. I got several e-mails afterwards from people I have never met saying they heard the show and want to support me. They loved my message and did not like Esparza's tactics or what he has done during his long tenure. A lady in Fabens today said she heard the show and also wants to help me.
I sent another mailout this week that I will post when I have a minute. This one further exposes the Ocegueda scandal, and bullet points my education and experience.
Just in the past few days I have been in Fabens, Socorro, East El Paso, and Central knocking on doors.
I spoke at the El Paso Bar Association luncheon this week reminding lawyers why they became lawyers and asking them to stand up and fight.
I have also had to appear in court in between all these campaign appearances to earn a living. Esparza has been out campaigning during work hours.
The biggest case of Esparza's career, the David Renteria case, which Esparza personally tried himself was showcased on KVIA-7 News Friday and Saturday. Bob Harp did a great job. This case already has to be re-tried because Esparza simply cannot try a clean case and lied to the jury and left them with a false impression. Now there are further allegations of Esparza's misconduct in that case concerning him not disclosing certain fact witnesses that would have helped the Defendant at trial. One of these witnesses, Alicia Garay, actually used to work for Esparza. These witnesses were not disclosed to the defense by Esparza as required by law and the lawyers ethics code and that further puts the whole case in severe jeopardy. That poor family of Alejandra Flores now has to go through the agony and anguish all over again with the same outcome (a death sentence for Renteria) now far from certain due to Esparza's playing fast and loose with the rules. And this after his so-called 16 years of experience which he also trots out at forums to show why he should be given four more years!
Vote for TC. If you want to help call 566-0229 or 241-8418. Early voting starts this Tuesday, February 19, 2008.
Here is a report:
I was at the Senior community center, Hilos de Plata, this week speaking and passing out Alberto Ocgueda's arrest warrant as an example of Esparza's two El Pasos. Esparza, according to reports, went to that same location on another day to say that it was not true. What is not true I am not sure. He is spending his time now refuting that his overpaid secretary's brother was never prosecuted on child molestation of a six-year old girl charges.
I was at the Transmountain Apartments northeast El Paso group on Thursday night , Valentine's day. I spoke there and passed out more of the official records regarding Ocegueda's case. Esparza lost his temper in front of the whole room and actually stood up and called the arrest warrant on Ocegueda "trash." FYI: Esparza prosecutes people every day life on just such documents. They are El Paso County Sheriff's Department and El Paso Police Department official documents that a judge reviewed and approved. When it concerns his overpaid (with taxpayer money) secretary, Amy Ocegueda Lujan's brother, Alberto Ocegueda these same documents are now "trash." A member of the audience called my campaign and said that "if Esparza thinks anyone in the room that night believed him, he is crazy. He's a liar."
My phone rings off the hook every time Esparza runs one of his very strange TV ads, (he features people who appear to be on the verge of tears saying to vote for him because it is "the right thing to do"). The callers want signs for their front yards after seeing his commercials. It appears that the more ads he runs the more calls of support I get.
I was on the Barbara Perez show on Monday and then on the Bishop Washington show on Thursday. During the Bishop show Esparza had some of his people call in and try and attack me on non DA race issues. I handled all calls. He has nothing. I got several e-mails afterwards from people I have never met saying they heard the show and want to support me. They loved my message and did not like Esparza's tactics or what he has done during his long tenure. A lady in Fabens today said she heard the show and also wants to help me.
I sent another mailout this week that I will post when I have a minute. This one further exposes the Ocegueda scandal, and bullet points my education and experience.
Just in the past few days I have been in Fabens, Socorro, East El Paso, and Central knocking on doors.
I spoke at the El Paso Bar Association luncheon this week reminding lawyers why they became lawyers and asking them to stand up and fight.
I have also had to appear in court in between all these campaign appearances to earn a living. Esparza has been out campaigning during work hours.
The biggest case of Esparza's career, the David Renteria case, which Esparza personally tried himself was showcased on KVIA-7 News Friday and Saturday. Bob Harp did a great job. This case already has to be re-tried because Esparza simply cannot try a clean case and lied to the jury and left them with a false impression. Now there are further allegations of Esparza's misconduct in that case concerning him not disclosing certain fact witnesses that would have helped the Defendant at trial. One of these witnesses, Alicia Garay, actually used to work for Esparza. These witnesses were not disclosed to the defense by Esparza as required by law and the lawyers ethics code and that further puts the whole case in severe jeopardy. That poor family of Alejandra Flores now has to go through the agony and anguish all over again with the same outcome (a death sentence for Renteria) now far from certain due to Esparza's playing fast and loose with the rules. And this after his so-called 16 years of experience which he also trots out at forums to show why he should be given four more years!
Vote for TC. If you want to help call 566-0229 or 241-8418. Early voting starts this Tuesday, February 19, 2008.
Letter from a Supporter, This is the Stuff El Pasoans are MADE of
February 10, 2008, 11:05 pm
Note: What follows is a letter that I received from a supporter. I have left his name off as I do not want to subject him to the vindictiveness of the other side. The letter is beautifully written and it contains pearls of wisdom. I will frame this letter and hang it in my office as a reminder of the good, brave and generous people out there who were willing to take a stand for this community and do the right thing by their own families and by people they have never met. I have a campaign volunteer who is married, taking 17 hours at UTEP and has five children. She and her family have been banging in signs and pounding the pavement for me for days. Then there is Clint Huffman (who has written publicly here) who has done the herculean task of walking neighborhhoods and parking lots all over the eastside. There is the tireless work of Mr. Valenzuela and Mr. Hernandez, Mr. Artalejo, Mr. Medina and lawyer, Stuart Leeds, his mother and father Sonia and Malkiel Leeds, James (Jim) Terrell, James (Jim) Adelstein, and lawyers Sam Snoddy, Mickey Milligan, Mike (Miguelito) Pariente, James Lucas, Felipe Millan, Gary Hill, and Roger Montoya. Then there are Major Mark Bittakis, Lorenza, Arlene, Hortencia and her daughter, Irma and Rudy, UTEP students, EPISD and SISD teachers, the Hollebeke family and retired deputy police chief George DeAngelis, and many others who have helped me. Then there are those whose names are on my contributor list. Not least, there is my dear mother, Dorothy McGill who paid to educate me and made me the lawyer that I am and who is my volunteer coordinator (566-0229) and my biggest contributor. There are my intelligent, strong and beautiful sisters who are all accomplished lawyers, Jennifer, Deborah and Elizabeth and my brother who is a dedicated intra-city teacher, Raymond (Papo) who have pounded the doors for me and given to me. Then there are the many whose names I do not mention whom I have met at their doors and on the street who are passing my message around. This campaign has brought me in touch with the most incredible people. These are the people of El Paso and those who care about El Paso.
February 7, 2008
Teresa Caballero
Democratic District Attorney Candidate
300 East Main Street, Suite 1136
El Paso TX 79901
Dear Teresa,
Enclosed you will find a check as my contribution to your campaign. Although the amount is not huge, please know that it comes from the heart, nevertheless.
At the same time I want you to know that you are the only candidate that I am supporting in your race. At times people have a tendency to contribute the same amount to all the candidates in order to cover their bets, this way when whoever wins that person can say "I supported you". This is not the case with me...
Additionally, I want to offer my support on the day of election, March 4th to pass out campaign materials at the…It is my precinct and I would be honored to cover it for you the majority of the day. From 6:30 am to 7:00pm. But I will break for breakfast and then again for lunch.
Finally, I must ask a favor of you: at night when you are laying there in your bed trying to take in the day’s events…don’t forget why you ran for office. Remember those who were with you and those who threw $50.00 your way just to cover their bases but then asked you not to say they were with you. But most of all…remember the promises you made to yourself.
And in the unlikely event that for some reason you do not win…know that it was my pleasure-but more importantly-my privilege-to stand with you and that I was honored to give you not only a contribution but more importantly-my vote.
Sincerely,
Un Abrazo!
February 7, 2008
Teresa Caballero
Democratic District Attorney Candidate
300 East Main Street, Suite 1136
El Paso TX 79901
Dear Teresa,
Enclosed you will find a check as my contribution to your campaign. Although the amount is not huge, please know that it comes from the heart, nevertheless.
At the same time I want you to know that you are the only candidate that I am supporting in your race. At times people have a tendency to contribute the same amount to all the candidates in order to cover their bets, this way when whoever wins that person can say "I supported you". This is not the case with me...
Additionally, I want to offer my support on the day of election, March 4th to pass out campaign materials at the…It is my precinct and I would be honored to cover it for you the majority of the day. From 6:30 am to 7:00pm. But I will break for breakfast and then again for lunch.
Finally, I must ask a favor of you: at night when you are laying there in your bed trying to take in the day’s events…don’t forget why you ran for office. Remember those who were with you and those who threw $50.00 your way just to cover their bases but then asked you not to say they were with you. But most of all…remember the promises you made to yourself.
And in the unlikely event that for some reason you do not win…know that it was my pleasure-but more importantly-my privilege-to stand with you and that I was honored to give you not only a contribution but more importantly-my vote.
Sincerely,
Un Abrazo!